Unrestricted Social Security Refused

[katand7 0]

I just wanted to post this here for informational purposes for those who maybe aren't reading the discussion on removal of conditions.

My husband has been having a problem with a potential employer because his greencard has expired during the process of filing for removal of conditions. We have the NOA1 from USCIS which clearly states he can work and travel for a year from the date of the notice (which is early November of 2007). However they have decided this is not acceptable proof of his employability status.

While going through all of this we realized that he never got a newer social security card than the one he got when he first came to US on his fiance visa. So it is stamped with that statement about only being authorized for employment with DHS documentation. (Yes we feel we have this documentation because of NOA1 and expired greencard but again that is another story)

So someone on here advised that he could go to Social Security and get an unrestricted card. So he headed off there first thing this morning (opting to go late to work because we felt this was important). He presented all his information and they denied it. They said until he gets the new greencard he can't get an unrestricted card.

Anyway, just wanted to put this information out there. I don't know why we never thought to go back to Social Security and get an unrestricted card. But if you don't have an unrestricted card and you do have a valid greencard you should probably go and rectify this.

[YuAndDan 153]

Schedule an info pass appointment to USCIS filed office, explain to them your employer problem, and see if they will stamp passport with the I-551 stamp to provide proof of green-card, you can also use the I-551 stamp as proof of status for SSA office, though they should be able to verify immigrations status using the database that USCIS provides to them.

[katand7 0]

I don't see how InfoPass appointment will help at this point. He would have to miss a whole day of work to go up to Boston or Providence office and even then he might not get anywhere. We sure haven't gotten anywhere so far with anything else, including calling the OSC (Office of Special Counsel).

All of this started because my husband was denied employment because he can't "prove" he is legally able to work in the US. I just faxed over a letter to my Congressman's office. Hopefully they can do something or point me in the right direction.

Thanks anyway for the idea

[eau_xplain 2]

I just wanted to post this here for informational purposes for those who maybe aren't reading the discussion on removal of conditions.

My husband has been having a problem with a potential employer because his greencard has expired during the process of filing for removal of conditions. We have the NOA1 from USCIS which clearly states he can work and travel for a year from the date of the notice (which is early November of 2007). However they have decided this is not acceptable proof of his employability status.

While going through all of this we realized that he never got a newer social security card than the one he got when he first came to US on his fiance visa. So it is stamped with that statement about only being authorized for employment with DHS documentation. (Yes we feel we have this documentation because of NOA1 and expired greencard but again that is another story)

So someone on here advised that he could go to Social Security and get an unrestricted card. So he headed off there first thing this morning (opting to go late to work because we felt this was important). He presented all his information and they denied it. They said until he gets the new greencard he can't get an unrestricted card.

Anyway, just wanted to put this information out there. I don't know why we never thought to go back to Social Security and get an unrestricted card. But if you don't have an unrestricted card and you do have a valid greencard you should probably go and rectify this.

I'm really sorry to see how much problems your husband had to deal with. Perhaps we really need to let all new GC holders that they should get their SS cards replaced with an unrestricted one as soon as they get their physical GCs.

[katand7 0]

You wouldn't think it would be a problem, especially when we have done everything by the book.

It really never occurred to either one of us that he should go and get unrestricted card.

Live and learn I guess. That is why I wanted to try and put the word out - to save anyone else all this trouble

[Chris Parker 11]

My husband has been having a problem with a potential employer because his greencard has expired during the process of filing for removal of conditions. We have the NOA1 from USCIS which clearly states he can work and travel for a year from the date of the notice (which is early November of 2007). However they have decided this is not acceptable proof of his employability status.

The employer is correct. Potential employers should not be examining immigration documents, however (only new employers should be doing that after hiring the employee). Form I-9 does not allow a Form I-797 Notice of Action (NOA) to be used to validate an expired permanent resident card. The only way it could possibly be considered by an employer is as the List C document #7: "Unexpired employment authorization document issued by DHS (other than those listed under List A)". But the Form I-797 NOA isn't quite that either. If you want to try that, don't also show them the expired permanent resident card at the same time, as that gives the new employer constructive knowledge that you may not be employment authorized---the NOA has to stand on its own as a non-photo employment authorization document (driver's license would be needed to verify identity in this case).

So someone on here advised that he could go to Social Security and get an unrestricted card. So he headed off there first thing this morning (opting to go late to work because we felt this was important). He presented all his information and they denied it. They said until he gets the new greencard he can't get an unrestricted card.

You have to make an INFOPASS appointment to get a temporary I-551 stamp in the foreign passport in order to get an updated SS card and/or to give the employer proper evidence of employment authorization. USCIS should do so based on the expired PR card and the NOA for removal of conditions. Or, you will just have to wait until you get a new PR card, which could take quite some time to complete.

Edited March 3, 2008 by Chris Parker

[Chris Parker 11]

Perhaps we really need to let all new GC holders that they should get their SS cards replaced with an unrestricted one as soon as they get their physical GCs.

Absolutely they should do that shortly after they get their status (5-10 business days after they get the I-551 stamp or PR card)! This is exactly the kind of problems you can run into otherwise. Also, before signing the data printout in the SSA office after they accept your new card application, be sure to look it over closely for mis-spellings, wrong dates, etc., even if they were previously correct! (SSA changed day number of the birth date when doing this update for us, causing some agency SSN verifications to fail even though correct personal information was provided!)

Also, after naturalizing, again go into SSA office 5-10 business days later with the certificate of naturalization for a record-only update (no new card need be issued). This will be helpful in making sure your SSN verifies your new status as a U.S. citizen correctly.

[katand7 0]

Why should we have to go out of our way to make an InfoPass appointment to get a stamp in the passport when that notice says his right to work is extended for one year from the date of the notice?!

He can't take back the things that he already provided them, i.e. copy of drivers license, SS card, green card, NOA form, & biometrics letter. Now the "potential employer" is saying they never even offered him a job although they were filling out I-9 and sent him for a drug test.

We've done everything right and everything that we've been advised to do. It is just a lot of red tape BS that we have to keep jumping through every hoop this one, that one, and everyone puts up.

[Chris Parker 11]

Why should we have to go out of our way to make an InfoPass appointment to get a stamp in the passport when that notice says his right to work is extended for one year from the date of the notice?!

Because the NOA is not acceptable evidence for completing the Form I-9 process or for applying for a social security card. If you want acceptable evidence of eligibility to actually work and travel and claim benefits (like social security, unemployment, etc.) while the I-751 application is pending, you need to get this stamp from a local office.

[payxibka 10,045]

You wouldn't think it would be a problem, especially when we have done everything by the book.

It really never occurred to either one of us that he should go and get unrestricted card.

Live and learn I guess. That is why I wanted to try and put the word out - to save anyone else all this trouble

Well almost... The book says that you need to keep the SSA updated to changes in your immigration status. That page must have been missing from your copy

[aidan80 9]

Why should we have to go out of our way to make an InfoPass appointment to get a stamp in the passport when that notice says his right to work is extended for one year from the date of the notice?!

He can't take back the things that he already provided them, i.e. copy of drivers license, SS card, green card, NOA form, & biometrics letter. Now the "potential employer" is saying they never even offered him a job although they were filling out I-9 and sent him for a drug test.

We've done everything right and everything that we've been advised to do. It is just a lot of red tape BS that we have to keep jumping through every hoop this one, that one, and everyone puts up.

I agree 100% with what the other posters have said. Make an Infopass appointment miss that day off work and get the stamp! Once that stamp is in the passport life will all of a sudden become a lot easier.

Believe me I know (all of us do I'm sure) how annoying, frustrating, hard and expensive it is jumping through all these hoops but it has to be done. In the end this is the price we pay to be here "legally"!

We had quite a mission at the SSA Office when we attempted to get me an unrestricted SS Card. The woman we talked to told me the SS Card with the "Not Valid without DHS Authorization.." stamp was unrestricted! We ended up having to show her a printout of the SSA rules we got from the SSA website before she did her feckin job... grrr

Good Luck!!

[katand7 0]

Yes I'm sorry that I am only human and something actually slipped past me.

I'm glad that you all have your situations under control and don't have to go through any of this. I used to get people with compassion posting here and now just sarcasm and insult. Thanks for that. No wonder I am losing my faith in people.

Best wishes to all who are on this journey, whatever your status (or your flaws) might be.

[JaEnglishGirl 34]

Yes I'm sorry that I am only human and something actually slipped past me.

I'm glad that you all have your situations under control and don't have to go through any of this. I used to get people with compassion posting here and now just sarcasm and insult. Thanks for that. No wonder I am losing my faith in people.

Best wishes to all who are on this journey, whatever your status (or your flaws) might be.

Why would people want to help someone with an attitude like yours?

It obviously must have escaped your notice that no-one is OBLIGED to help you...

You came here and ASKED for advice, then started asking why should you have to do this and that and completely ignored the advice given.

Go see a lawyer and PAY for their advice then.

[katand7 0]

My husband has taken the advice, he is going to Boston tomorrow. Obviously no one is obliged to say or do anything here. I knew that then and know that now. But your rudeness just underlies the point I was trying to make there anyway.

But my wish for people to have continued success on their journeys was and is real. And that goes for everyone in this process.

[mawilson 2,133]

We had quite a mission at the SSA Office when we attempted to get me an unrestricted SS Card. The woman we talked to told me the SS Card with the "Not Valid without DHS Authorization.." stamp was unrestricted!

Now that's funny!

You should have asked her if she herself had the same stamp.